Fargo City Commission Regular Meeting – November 25, 2024

The Fargo City Commission met on Monday, November 25, 2024, at 4:00 p.m. in the Commission Chambers. The meeting included an executive session (4:07–4:51 p.m.) for negotiation strategy regarding the sale of city property west of the landfill, followed by a public session that adjourned at 6:40 p.m. Commissioners voted on several key items, including a new public safety sales tax, liquor license transfers, the elimination of the virtual call-in option for resident comments, and a motion to end the needle exchange program.

Consent Calendar

• Approved the consent agenda unanimously, which included 33 items: final adoption of a littering ordinance amendment; property damage settlement for the Water Treatment Plant; games of chance applications (Muscular Dystrophy Association, Pray for Gray); liquor license suspension agreement with Cairo Restaurant; direction to revise municipal code sections on alcohol sales; bid awards for traffic signal bollards, uniform rental services, fire department uniforms, and sanitation projects; numerous change orders, easement memoranda, and grant acceptance; and authorization to revise food and lodging establishment ordinances.

Public Comments & Testimony

• Virtual Call-in Option (Item 38): Four residents spoke against eliminating the virtual call-in option. KJ Atkinson argued the proposal was based on a factually incorrect premise about COVID, would be classist and discriminatory by only allowing property or business owners to call in, and would violate ADA accommodations. Andrew Nelson called in to say the option is a matter of fairness for residents with work, mobility, or health constraints. Allison Slavik expressed frustration that the agenda order was not followed, preventing her from speaking on this item earlier. Olivia Fischer, calling from her job, criticized commissioners who described the downtown engagement center as a “crap hole” and argued the removal of virtual comment would limit participation.
• Winter Warming Update (Item 39): Allison Slavik spoke in support of the winter warming center, emphasizing life-threatening North Dakota winters and criticizing commissioners for derogatory comments about unhoused people and the engagement center. Olivia Fischer also spoke in support, arguing that moving the winter warming center away from downtown is insufficient and that commissioners have shown disdain for the homeless population, citing a commissioner’s comment about needing a handgun for safety.
• Needle Exchange Program (Item 40): Asher Lorentzen opposed ending the program, citing CDC research that syringe services are safe, effective, cost-saving, and do not increase drug use or crime. He accused commissioners of neglecting public health advice.
• Resident Comments (Item 42): Five downtown residents spoke about safety concerns. Mary Dewald described feeling unsafe due to encampments, public urination, and intimidation. Matt Osborne urged immediate action to find temporary indoor shelter, calling homelessness an emergency. Mariela Kirk reported finding people sleeping in her building entryway, theft, and unsafe river paths. Jordan Iverson described changing her running routes, carrying pepper spray and a handgun, and recounting an incident where a man banged on her window; she has had her condo for sale since April 2023. Michelle Hagen criticized the camping ordinance enforcement, noting garbage and tents not meeting resolution requirements, and urged corrections before spring.

Discussion Items

• Listing Price for City Property West of Landfill (Executive Session): Following executive session, Commissioner Turnberg moved to set the listing price at $2.65 per square foot for the southeastern two to five acres of City property west of the landfill. The motion passed unanimously.
• Citizens Group Request for Ballot Language Consultation (Item 34): Commissioner Strand moved to direct the City Attorney to consult with a citizens group seeking to develop ballot language to change the form of government to a city council system. The motion failed for lack of a second. Commissioner Strand noted he wanted to see results from the upcoming Zencity survey first.
• First Reading of Public Safety Sales Tax Ordinance (Item 37): City Attorney Ian McLean explained that voters approved a 0.25% sales tax for public safety on November 5. The ordinance implements the tax from April 1, 2025 to March 30, 2045, estimated to generate over $8.5 million annually (based on 2023 figures) for police and fire operations, equipment, and buildings. Commissioner Kolpack noted transparency in the annual allocation process. The motion to approve first reading passed unanimously.
• Virtual Call-in Option for Resident Comments (Item 38): Commissioner Turnberg moved to eliminate the virtual call-in option, calling it a “remnant of COVID” and a “lazy way of avoiding the meetings.” Commissioner Strand proposed an amendment to refer the matter to the Governance Policy Review Committee for further discussion. After debate, the amendment passed 3-2 (Kolpack, Strand, Mahoney aye; Piepkorn, Turnberg nay), thereby tabling the main motion.
• Winter Warming Update (Item 39): Fargo Cass Public Health Director Jenn Faul and Assistant City Administrator Brenda Derrig presented an update. Last winter (2023–2024), the program had 8,096 encounters with 698 unique individuals, 86 successful diversions, and an average stay of 8 nights. For the current season, a soft opening at the downtown engagement center housed 41 people Friday, 38 Saturday, and 39 Sunday. The winter warming center will move to 1230 25th Street South (the old police substation) on Tuesday evening, offering seated warming (not cots). Brenda Derrig reported that since September 11, 2024, 41 active and abandoned camps have been removed with no citations or arrests; cleanup used 210 public works staff and 47 police staff over 10 weeks, totaling 520+ staff hours. Discussion included the need for housing first, potential for port-a-potties and trash receptacles, and comparisons to successful programs in Tampa. Commissioners agreed on the goal of housing first but debated funding and partnership models.
• Needle Exchange Program (Item 40): Commissioner Turnberg moved to end the needle exchange program immediately, arguing it provides tools for illegal drug use and creates public safety hazards with discarded syringes. Public Health Director Jenn Faul and Prevention Coordinator Robin Lickiss presented data: the program opened in April 2018; since then, hepatitis C rates in Cass County dropped 46% from 2017–2019; 397 lives saved via naloxone this year; 433 referrals to treatment; opioid overdose deaths fell from 31 in 2023 to 17 year-to-date in 2024. Ms. Lickiss noted that comprehensive syringe service programs reduce HIV and hepatitis C transmission by 50%, save $1,300–$3,000 per person per year, and do not increase drug use or crime. The program costs about $100,000 annually, funded by opioid settlement money. Commissioner Kolpack argued the program enables getting people into treatment and saves lives. The motion to end the program failed 2-3 (Piepkorn and Turnberg aye; Kolpack, Strand, Mahoney nay).

Key Outcomes

• Executive Session – Property Listing Price: Unanimously approved listing price of $2.65/sq ft for SE 2–5 acres west of landfill.
• Public Safety Sales Tax Ordinance – First Reading: Passed unanimously; will be implemented by April 1, 2025 if second reading is approved.
• Resident Comments Virtual Option: Motion to eliminate was tabled; referred to Governance Policy Review Committee for further discussion.
• Liquor License Approvals: Ownership change for Fort Noks (Vault Partners) approved 4-1 (Strand dissenting); transfer for Baymont Inn & Suites approved unanimously. Both included public hearings.
• Winter Warming Update: Ongoing; winter warming center opened this weekend; new location at 1230 25th Street South; staff to continue exploring housing-first approaches and potential partnerships.
• Needle Exchange Program: Motion to eliminate failed 2-3; program continues with opioid settlement funding.
• Consent Agenda: All 33 items approved unanimously.
• Citizens Group Request: Motion for city attorney consultation failed for lack of second; group to proceed independently.
• Liaison Reports: Commissioner Kolpack reported on Fire Department honors and Churches United funding extension through December 30; encouraged community donations.